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Auto Accident Litigation Gather all documentation regarding the accident. This includes medical records, photographs and evidence of the scene including bills and pay stubs. Memories fade, witnesses may go away or die, and evidence may vanish. If you and the defendant do not come to an agreement during this phase, then your case will be tried. What is a lawsuit? A lawsuit is an action in court where the plaintiff tries to hold the defendant accountable for a loss. A plaintiff may request the court for compensation in cash or other non-monetary “equitable relief.” The defendant must respond to the complaint and may be ordered to pay damages if they are held liable. The complaint is the initial step in a civil lawsuit. The complaint outlines the facts of the case, and sets out the legal grounds for holding the defendant accountable for plaintiff's damages. The defendant must answer the complaint within a specific period of time. They can deny any allegations and challenge the plaintiff's arguments, or request that the case be dismissed due to insufficient legal grounds. In addition, a defendant may choose to settle the case rather than go to trial. A settlement is a deal reached by the parties to end litigation without determining the extent of liability in exchange for money. There are also class actions which combine multiple injury claims into a single claim for compensation. This allows for more cost-effective and efficient litigation, since multiple individuals are seeking compensation. This is especially advantageous when the damages are small and the cost to litigate each case individually would be prohibitive. What happens when a lawsuit is filed? In car accident lawsuits the process generally starts with a complaint which is filed in court and then served on the defendant. auto accident lawyer alameda has between 20 and 30 days to file their response, known as an answer. In this time, they can make defenses against your personal injury claim, and/or make a counterclaim against you. They can also engage with discovery. This can include depositions, interrogatories as well as requests to produce (which could include documents, photos, video, and/or physical evidence), and requests for admission. You may settle your case without going to court, based on the severity of the injuries you sustained and the insurance coverage of the party responsible. This is cheaper and less time-consuming than pursuing a trial. However, if the insurance company is not willing to pay you a fair amount of money or even a fair amount, your Long Island car accident attorney may decide to take the case to trial. Generally, the damages you can recover include your documented costs like medical bills and property damage. Additionally, you can claim non-economic damages, such as pain and suffering. Insurance companies are known for underestimating damages that are not economic. A car accident lawyer with years of experience can guarantee that you are compensated fairly for your losses. This is particularly crucial if the driver at fault does not have insurance or has inadequate insurance coverage that covers damages. What can I expect when I make a claim in an action? If the victim of an accident seeks compensation for their losses or injuries they'll need to be prepared to contest their claim. They'll likely require documentation of their treatment, including medical notes and test results, as well in receipts for any medical expenses that are related to the accident. They'll also need to prove their losses, such as loss of income as well as property damage, pain and suffering. This is the reason it's essential to get medical attention for any injury immediately following a crash to ensure that all information is recorded and is then presented to the insurance company as proof of loss. During the discovery phase Your attorney will talk to experts, witnesses as well as other people to build a solid case for you. This may include depositions, in which the person testifies their testimony under oath and is asked questions by your attorney. The parties are able to hear all accounts, assess the credibility of the testimony and take an assessment of how to proceed. After examining the evidence after which a jury or judge will determine whether the defendant is accountable for the accident, and the amount of damages you must receive. Based on the particular case, it could take from several days to one year. If you are unhappy with the outcome both parties have the option of appealing. The process can be lengthy and expensive for both parties, therefore it is important to begin preparing your case as soon as possible following the crash. Why should I choose to hire an attorney? If an accident causes injuries the victim will be required to pay high medical bills in addition to property damage and lost wages due to being unable work. Taking legal action may be necessary to get the amount of compensation required. An auto accident attorney will help you determine if the filing of a lawsuit is appropriate for your situation. The first thing an attorney will do is ask for your medical records and other documents that pertains to the incident. They will use this evidence in order to sketch a picture of the magnitude and severity of your car accident-related injuries. Witnesses could also be interviewed. In certain instances experts such as mechanics and engineers might be called into. Based on the circumstances of the car accident depending on the circumstances, it could take weeks and months or one year to complete the entire process of litigation in court. This is due to a range of factors including negotiations with the insurance company and discovery (analyzing evidence from both sides), setting court dates, and trial preparations. During this period, memories may fade, witnesses may move away or even pass away, and evidence may be lost. An experienced attorney for car accidents will help you understand your legal options during a free consultation. Contact Bruscato Law today to schedule your appointment in Monroe, LA. We can answer your questions about whether or not to sue and the damages you could be able to claim.